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Kerala High Court
Nabeesa Habib vs Saji Abraham* on 8 January, 2026
MACA NO. 53 OF 2013
1
2026:KER:951
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 8TH DAY OF JANUARY 2026 / 18TH POUSHA, 1947
MACA NO. 53 OF 2013
AGAINST THE AWARD DATED 03.05.2010 IN OP(MV) NO.1227 OF 2001
OF MOTOR ACCIDENT CLAIMS TRIBUNAL, PATHANAMTHITTA
APPELLANT/PETITIONER :-
NABEESA HABIB, W/O.HABIB MOHAMMED,
ALANKARATHU HALEEM MANZIL,
KULASEKHARAPATHY, PATHANAMTHITTA.
BY ADVS.
SRI.T.K.KOSHY
SMT.V.V.RISANI
RESPONDENTS/RESPONDENTS 1 TO 3 :-
*1 SAJI ABRAHAM, S/O.ABRAHAM, KIDANGALIL VEEDU,
KOZHENCHERRY EAST, KOZHENCHERRY MURI AND VILLAGE,
PATHANAMTHITTA, PIN 689641.
*(RESPONDENT 1 IS RECORDED AS THE LEGAL
REPRESENTATIVE OF DECEASED RESPONDENT 2 AS PER
ORDER DATED 27.07.2022 IN IA 1/2022 IN MACA 53/2013.
*2 ABRAHAM THOMAS, (DECEASED)
S/O.THOMAS, KIDANGALIL VEEDU, KOZHENCHERRY EAST,
KOZHENCHERRY MURI AND VILLAGE,
PATHANAMTHITTA, PIN 689641.
3 THE ORIENTAL INSURANCE CO.LTD.
DIVISIONAL OFFICE, THIRUVALLA, PIN 689101.
**4 ADDITIONAL R4 IS IMPLEADED :-
SUSAMMA ABRAHAM,W/O ABRAHAM
KIDANGALIL VEEDU, KOZHENCHERRY EAST
KOZHENCHERRY MURI & VILLAGE,
PATHANAMTHITTA,PIN- 689 641
MACA NO. 53 OF 2013
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**(ANOTHER LEGAL REPRESENTATIVE OF DECEASED OF R2 IS
IMPLEADED AS ADDITIONAL RESPONDENT 4 AS PER ORDER
DATED 27/07/2022 IN IA 1/2022)
SMT.LATHA SUSAN CHERIAN SC
THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY
HEARD ON 08.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
This appeal is filed by the claimant in O.P (MV) No.1227 of
2001 on the file of the Motor Accidents Claims Tribunal,
Pathanamthitta dissatisfied with the quantum of compensation
awarded by the tribunal. The respondents herein are the
respondents before the tribunal.
2. According to the claimant, on 27.07.1998 at about 04.00
pm, the claimant who was sitting inside the maruti car which was
parked on the road margin, was hit by an ambassador car bearing
registration No.KRB 2050 driven by the 1st respondent in a rash
and negligent manner. As a result of the accident, the claimant
had sustained serious injuries. The appellant approached the
tribunal claiming a total compensation of ₹2,48,000/- limited to
₹1,75,000/-.
3. The first and second respondent/driver and owner of the
offending car remained ex parte before the tribunal. The 3 rd
respondent/insurer filed a written statement admitting the
validity of the policy but disputing the quantum of compensation
claimed and denying liability by contending that the maruti car in
which the claimant was sitting was parked dangerously. Before
the tribunal, Exts.A1 to A9 were marked. The tribunal, after
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analysing the pleadings and materials on record, awarded a sum
of ₹95,500/- as compensation under different heads with interest
@7.5% per annum from the date of petition till realization with
proportionate costs against the 3rd respondent being the insurer
of the offending vehicle/tipper lorry. Dissatisfied with the
quantum of compensation awarded by the tribunal, the claimant
has come up in appeal.
4. Heard the learned counsel for the appellant and the
learned Standing Counsel for the respondent insurance company.
5. The learned counsel for the appellant claims
enhancement mainly under the following heads :-
Notional income :- Since the notional income fixed by the
tribunal is just and reasonable, I do not find any reason to
interfere with the same.
Loss of earnings :- The learned counsel for the appellant
submitted that the tribunal has granted only an amount of
₹14,000/- under the said head, which is on the lower side. It is
further submitted that she had suffered loss of pay for a period of
20 days and compensation was not awarded for the same.
Considering the afore facts, I am inclined to grant a consolidated
amount of ₹30,000/- under the head loss of earnings. Thus, there
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will be an additional amount of ₹16,000/- under the said head.
Extra nourishment :- The learned counsel for the appellant
submitted that the tribunal has granted only an amount of
₹1,000/- under the said head. Considering the nature of injuries
sustained and the period of hospitalisation, I find that a
consolidated amount of ₹1,500/- can be awarded under the afore
head. Thus, there will be an additional amount of ₹500/- under
the head extra nourishment.
Loss of amenities :- The learned counsel for the appellant
submitted that though an amount of ₹70,000/- was claimed, the
tribunal has awarded only an amount of ₹25,000/- under the head
loss of amenities. Considering the nature of injuries sustained as
well as the loss of enjoyment in life, I find that a total amount of
₹30,000/- can be awarded under the said head. Thus, there will
be an additional amount of ₹5,000/- under the afore head.
6. Though the appellant claimed enhancement of
compensation under the other heads, on a perusal of the records
available, I am not inclined to interfere with the compensation
awarded by the tribunal under other heads since it appears to be
just and reasonable. Since the appeal is of the year 2013, I find it
appropriate to fix the interest @6% per annum on the enhanced
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amount.
7. Thus, the impugned award of the tribunal is modified as
follows:-
Sl.
No Head of Claim Amount Amount Modified in Total
claimed awarded by appeal compensation
the tribunal
1 Pain and 25,000 25,000 (not 25,000
sufferings modified)
2 Loss of amenities 70,000 25,000 5,000 30,000
3 Medical and 30,000 25,000 (not 25,000
treatment modified)
expenses
4 Transportation 4,000 2,500 (not 2,500
expenses modified)
5 Damage to 3,000 1,000 (not 1,000
clothing modified)
6 Extra 3,000 1,000 500 1,500
nourishment
7 Bystander 4,000 2,000 (not 2,000
expenses modified)
8 Loss of earning 14,000 14,000 16,000 30,000
TOTAL 2,48,000 95,500 21,500 1,17,000
limited to
1,75,000
Accordingly, the appeal is allowed in part and the
appellant/claimant is awarded an additional compensation of
₹21,500/- (Rupees twenty one thousand five hundred only) over
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and above the compensation awarded by the tribunal with
interest @6% per annum from the date of petition till realization
and proportionate costs. The 3rd respondent insurer shall deposit
the said amount together with interest and costs within a period
of two months from the date of receipt of a certified copy of this
judgment. The claimant shall furnish copies of the PAN Card,
ADHAAR Card and bank details before the respondent insurer
within a period of one month so as to enable the insurance
company to make the deposit as ordered above. In case of failure
to furnish details as above, it shall be open for the insurance
company to deposit the said amount before the tribunal. Upon
such deposit being made, the entire amount shall be disbursed to
the appellant at the earliest in accordance with law. However, it
is made clear that the enhanced compensation will not carry
interest for the period of delay of 850 days in filing the appeal.
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
SMA
